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    EU Insolvency Regulation is recast at last
    2017-06-26

    Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings comes into effect on 26 June 2017 for insolvency proceedings that are opened on or after that date. The Recast Regulation replaces the EC Regulation (1346/2000) on insolvency proceedings and has direct effect in the UK until such time as the UK leaves the EU.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Squire Patton Boggs, Debt, Liquidation, Direct effect of EU law, European Commission, Council of the European Union, European Parliament, Companies House, Insolvency Act 1986 (UK)
    Authors:
    Helen Kavanagh
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Brexit: Restructuring and Insolvency
    2017-02-16

    Issues will arise upon a UK exit in relation to restructuring tools such as schemes of arrangement and in relation to insolvency processes; there are also special EU insolvency rules for financial institutions which will be affected. Finally there are elements of EU financial services laws which impinge on insolvencies and remove uncertainties, such as settlement finality and financial collateral.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, Herbert Smith Freehills LLP, Direct effect of EU law
    Authors:
    Gary Hommel , Dina Albagli , Kristen Roberts
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The Court of Appeal orders reference to ECJ on meaning and direct effect of Article 8 of the Insolvency Directive
    2016-09-30

    The Court of Appeal has ordered a reference to the Court of Justice of the European Union (ECJ) in Grenville Holden Hampshire v the Board of the Pension Protection Fund which involves a pension scheme member, whose early retirement pension was reduced by two-thirds on the scheme's entry to the PPF, arguing that the statutory cap on compensation payable by the PPF does not give full effect to Article 8 of the EU Insolvency Directive.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker McKenzie, Direct effect of EU law, Pension Protection Fund, Court of Justice of the European Union, Court of Appeal of England & Wales
    Location:
    European Union, United Kingdom
    Firm:
    Baker McKenzie
    What will a Brexit mean for the UK's Cross Border Insolvency involvement?
    2016-05-25

    The UK is a well-established jurisdiction for cross border insolvencies, both within the EU and the rest of the world. The main piece of EU legislation that governs this area of law is the EC Council Regulation 1346/2000 ("the Insolvency Regulation"). Ultimately, this legislation facilitates the recognition of insolvency proceedings that span multiple jurisdictions. The Insolvency Regulation sets out the correct jurisdiction in cross border situations and, crucially, makes it mandatory for Member States to recognise insolvency proceedings in other EU countries.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Ashfords LLP, Brexit, Debtor, Direct effect of EU law
    Authors:
    Emma Clayton
    Location:
    European Union, United Kingdom
    Firm:
    Ashfords LLP
    EU Commission proposes Crisis Management Directive
    2012-07-23

    Following some delay, on June 6, 2012 the European Commission finally published its Proposal for a Directive of the European Parliament and the Council establishing a framework for the recovery and resolution of credit institutions and investment firms (so-called Crisis Management Directive1 or CMD), which — once adopted — will apply to the 27 member states of the European Union (EU), but may also have relevance for those three contracting states of the Treaty on the European Economic Area (EEA), which are not member states of the EU.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Latham & Watkins LLP, Investment company, Direct effect of EU law, European Commission, European Economic Area, European Banking Authority
    Authors:
    Daniel Ehert , Uwe Eyles , Markus E. Krüger , C. Mark Nicolaides
    Location:
    European Union
    Firm:
    Latham & Watkins LLP
    Supreme Court holds that NAMA could not make a decision prior to being established
    2011-03-30

    InDellway and Ors. v National Asset Management Agency & Ors., a number of companies and Paddy McKillen appealed a decision of the High Court in relation to the purported acquisition of €2∙1 billion in loans to the appellant companies by NAMA.

    The appeal was brought on five grounds:

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, State aid, Direct effect of EU law, European Commission, US Constitution, Supreme Court of the United States
    Authors:
    Declan Black , Maurice Phelan , Judith Riordan , Frank Flanagan
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP
    Hampshire -v- Pension Protection Fund: every individual member entitled to compensation of at least 50% on employer's insolvency
    2018-05-24

    The Advocate General Kokott (AG) has given her opinion in Grenville Hampshire -v- The Board of the Pension Protection Fund [2018] (Case C-17/17). This challenges the level of compensation offered by the Pension Protection Fund (PPF) and could result in increased payments for members.

    Background

    Mr Hampshire initially brought the case to the Court of Appeal in July 2016, claiming that his pension was cut by 67 per cent when his company scheme was transferred into the PPF.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Hill Dickinson, Direct effect of EU law, Article 8 ECHR, Pension Protection Fund, Pensions Act 2004 (UK)
    Authors:
    Mona Jackson , Mark Ridler
    Location:
    United Kingdom
    Firm:
    Hill Dickinson
    EU Insolvency Regulation is recast at last
    2017-06-26

    Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings comes into effect on 26 June 2017 for insolvency proceedings that are opened on or after that date. The Recast Regulation replaces the EC Regulation (1346/2000) on insolvency proceedings and has direct effect in the UK until such time as the UK leaves the EU.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Squire Patton Boggs, Debt, Liquidation, Direct effect of EU law, Insolvency Act 1986 (UK), European Commission, Council of the European Union, European Parliament, Companies House
    Authors:
    Helen Kavanagh
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    EU Commission proposes Crisis Management Directive
    2012-07-23

    Following some delay, on June 6, 2012 the European Commission finally published its Proposal for a Directive of the European Parliament and the Council establishing a framework for the recovery and resolution of credit institutions and investment firms (so-called Crisis Management Directive1 or CMD), which — once adopted — will apply to the 27 member states of the European Union (EU), but may also have relevance for those three contracting states of the Treaty on the European Economic Area (EEA), which are not member states of the EU.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Latham & Watkins LLP, Investment company, Direct effect of EU law, European Commission, EEA, European Banking Authority
    Authors:
    Daniel Ehert
    Location:
    European Union
    Firm:
    Latham & Watkins LLP
    What will a Brexit mean for the UK's Cross Border Insolvency involvement?
    2016-05-25

    The UK is a well-established jurisdiction for cross border insolvencies, both within the EU and the rest of the world. The main piece of EU legislation that governs this area of law is the EC Council Regulation 1346/2000 ("the Insolvency Regulation"). Ultimately, this legislation facilitates the recognition of insolvency proceedings that span multiple jurisdictions. The Insolvency Regulation sets out the correct jurisdiction in cross border situations and, crucially, makes it mandatory for Member States to recognise insolvency proceedings in other EU countries.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Ashfords LLP, Brexit, Debtor, Direct effect of EU law
    Authors:
    Emma Clayton
    Location:
    European Union, United Kingdom
    Firm:
    Ashfords LLP

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